Case Law Search

Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2)

Return refused

Return refused; the retention was wrongful, being in breach of the mother's rights of custody, but the child had valid objections to a return.

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Procedural Matters

Return ordered

Aims of the Convention - Preamble, Arts 1 and 2 | Procedural Matters

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Legal challenge dismissed; the retention was wrongful but decision to refuse to return the child on the basis of the Art. 13 exceptions upheld.

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Procedural Matters

Appeal allowed by a majority ruling and case remitted to the District Court to consider, inter alia, the asylum grants, assessments, and any related evidence not previously considered that related to whether Article 13(1)(b) or 20 applied.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Appeal dismissed, return ordered

Appeal dismissed and return ordered, subject to a one-week delay; the removal was wrongful and none of the exceptions had been proved to the standard required under the 1980 Hague Child Abduction Convention.

Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Return ordered

Removal wrongful and return ordered; none of the exceptions under the 1980 Hague Child Abduction Convention had been proved to the standards required.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal allowed, return refused

Appeal allowed, return refused. Although the retention was wrongful, the court refused return because the request had been introduced more than a year after the retention and the boy was settled into his new family, educational and social environments.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return ordered

Appeal dismissed, return ordered. 

Grave Risk - Art. 13(1)(b) | Undertakings | Role of the Central Authorities - Arts 6 - 10 | Procedural Matters

Appeal dismissed, return refused

Removal wrongful and return refused; Article 13(1)(b) had been proved to the standard required under the Convention.

European Convention on Human Rights (ECHR) | Procedural Matters

The Chamber unanimously held that there had been a violation of Article 8 of the ECHR in regard to the protracted custody proceedings, but by five votes to two that there had been no violation of Art 8 in regard to the domestic courts' assessment of the 1980 Hague Child Abduction Convention return petition. Damages were awarded to the applicant.

European Convention on Human Rights (ECHR) | Issues Relating to Return | Procedural Matters

The European Court of Human Rights held by six votes to one that there had been a violation of Article 8 of the ECHR on account of the Italian courts' order for the child to be returned to Italy; and unanimously that there had been no violation of Article 8 on account of the mother's absence from the hearing of the Rome Youth Court. Damages were awarded to mother and child.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal allowed; the retention was wrongful but return was refused on the basis of grave risk.

Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Procedural Matters | Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Return refused

Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2)

Appeal allowed, application dismissed

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3

Return ordered

Return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Issues Relating to Return

Appeal allowed, return ordered

Appeal allowed and return ordered, provided that the child was permitted to enter the United States. The retention was wrongful and none of the exceptions had been proved to the standard required by the Convention.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proved to the standard required under the Convention.